Out-of-State Vehicle Stops in Rhode Island
Near Exit 3 on Route 95 North, a sign directs passenger vehicles with out-of-state license plates to pull into a rest area. Rhode Island State Police then question drivers about their travel plans and remind them of the Governor’s quarantine orders. While this may appear harmless, the practice raises serious constitutional concerns. Stopping vehicles solely because they display out-of-state plates can violate the Fourth Amendment’s protection against unreasonable searches and seizures.
Most drivers receive a brief reminder and continue on their way. Problems arise when a simple stop turns into an extended investigation, search, or seizure that goes beyond the stated purpose of enforcing executive orders.
How an Unlawful Stop Can Escalate
Imagine a driver from Massachusetts traveling to visit a friend in Newport. Police stop the vehicle only because it has out-of-state plates. As the officer approaches, they claim to smell marijuana and notice bloodshot eyes and slurred speech. Based on these observations, the officer searches the car and finds marijuana and pills. The driver then faces felony drug charges and a DUI arrest.
In this scenario, the initial stop created the opportunity for unrelated criminal charges. Without that stop, police may never have discovered the alleged offenses. Stopping vehicles solely due to license plates creates exactly this type of constitutional problem.
Fourth Amendment and Rhode Island Constitutional Protections
If police stop a vehicle only because it has an out-of-state plate, the stop likely violates the Fourth Amendment. The U.S. Supreme Court allows police to stop individuals only when they have reasonable suspicion that criminal activity is occurring or about to occur, as established in Terry v. Ohio. Police may also stop a vehicle if they reasonably believe the registered owner has a revoked license, as held in Kansas v. Glover.
Rhode Island provides even stronger protections. The Rhode Island Constitution guarantees freedom from unreasonable searches and seizures, often more strictly than federal law. In Pimental v. DOT (1989), the Rhode Island Supreme Court ruled that DUI roadblocks violate the state constitution. The court reasoned that stopping many drivers on the mere chance of finding a violation lacks reasonable suspicion.
Why These Stops Are Unconstitutional
There is no meaningful difference between a DUI roadblock and stopping vehicles solely because they have out-of-state plates. If stopping every vehicle to check sobriety violates the Rhode Island Constitution, then stopping drivers based only on license plates does as well. An out-of-state plate does not provide reasonable suspicion of criminal activity.
If police stopped your vehicle for this reason, your constitutional rights may have been violated. You need attorneys who will challenge unlawful stops and fight to protect your freedoms.
📞 Call today for a free consultation and let us defend your rights.
